Maintenance – Assessment of Income – Section 125 CrPC – Income Assessed on Basis of Minimum Wages – Maintenance Awarded – The petitioner claimed that his income was incorrectly assessed as ₹16,000 per month by the Family Court, which relied on Delhi's minimum wage standards despite the petitioner being employed in Uttar Pradesh. Held: In matrimonial disputes, pa...
FACTS:
The appellant, Gangadhar alias Gangaram, was convicted under the NDPS Act for the recovery of 48 Kgs 200 gms of cannabis (ganja) and sentenced to 10 years of rigorous imprisonment.
The lower courts held the appellant to be the owner of the house from where the contraband was recovered, rejecting his defense that he had sold the house to a co-accused.
The appellant produced a sale a...
Criminal Law – Conviction Based on Identical Evidence – Principle of Parity – The appellant was convicted for facilitating the issuance of a second passport to accused No.1, while other co-accused, who faced similar charges, were acquitted – Supreme Court held: When two accused face identical or similar charges and evidence, one cannot be convicted while the other is acquit...
Writ Jurisdiction – Interim Relief – Stay of Criminal Proceedings – Abuse of Process of Law – Petitioners sought quashing of multiple FIRs, alleging that disgruntled borrowers had misused criminal law against financial institutions – Supreme Court granted stay of proceedings in its interim order dated 28.04.2023, continued until petitions before respective High Courts...
Facts:
The appellant-accused was convicted for offenses under Section 498A, Section 304B, Section 406 of the Indian Penal Code, and Section 3 and Section 4 of the Dowry Prohibition Act. He was sentenced to life imprisonment and additional sentences of 5 years and 3 years. During the appeal's pendency before the High Court, the appellant sought bail under Section 389 of the CrPC. The High C...
Unlawful Activities (Prevention) Act (UAPA) – Challenge to Sanction – Appellant challenged the validity of sanction granted under Section 45 of UAPA, arguing that the statutory timelines in Rules 3 & 4 of the 2008 Rules were violated and that the requirement of independent review was not fulfilled – High Court dismissed the writ petition – Supreme Court held that the va...
Criminal Law – Gang Rape Conviction – Acquittal – Appellants convicted under Sections 376D, 458, and 352 of IPC for gang rape and trespass – Trial court sentenced each appellant to 27 years’ rigorous imprisonment under Section 376D, 10 years under Section 458, and 3 months under Section 352, IPC – On appeal, Gauhati High Court finds prosecution’s case ridd...
Facts:
Ghanshyam Upadhyay, the petitioner, relied on a newspaper report to make allegations against two members of the Commission of Inquiry constituted to investigate the 'Vikas Dubey' encounter case. He contended that the Chairman and a Member of the Commission had held high Constitutional positions and had relatives involved with the party in power and law enforcement agencies.
&...
Facts:
The prosecution alleged that the victim-complainant was accosted by three boys armed with weapons, who extorted Rs. 30,000/- from him.
The police apprehended all three accused, and they confessed to committing the robbery.
The Trial Court found all three accused guilty of robbery with an attempt to cause grievous hurt and sentenced them accordingly.
The High Court dismissed the ...
Facts:
In the present case, a Contemnor, who is an advocate, made reckless and scandalous allegations against the Supreme Court in tweets and a press statement. The Court initiated suo motu proceedings against him. The Contemnor was granted time to submit an unconditional apology, but instead, he reiterated his statements in a supplementary statement, claiming that his tweets were in the publi...